Biden with an Anti-deport protester
The Biden administration is set to propose a new rule that would allow the United States to expel certain undocumented immigrants seeking asylum more swiftly, amid a historic surge in illegal immigration posing challenges to state and local resources and becoming a political focal point ahead of November elections.
The proposal, to be unveiled by the Department of Homeland Security (DHS) on Thursday, enables immigration officials to conduct an initial eligibility determination when immigrants are first assessed for asylum status, according to sources familiar with the plans.
This move aims to designate individuals more quickly as potential risks to national security or public safety and expedite deportation compared to the current system. It applies to a relatively small percentage of individuals intercepted at the border and is viewed by administration officials as relatively minor compared to potential additional restrictions in the asylum process that could be included in a presidential executive order currently under consideration.
Biden is not expected to address the DHS rule, which will be published in the Federal Register.
Political Context and Border Measures
The White House has been considering unilateral measures at the border since the failure of a bipartisan agreement negotiated in the Senate that former Republican presidential candidate Donald Trump urged his party members to reject. Trump has criticized Biden for the rate of border crossings and pledged to implement stricter measures if elected in November.
“There are more steps to take,” White House press secretary Karine Jean-Pierre told the media on Wednesday, urging lawmakers to reconsider the bipartisan agreement.
Biden's advisers have indicated that the president wanted to ensure his executive actions could withstand legal scrutiny. Some of the border measures Trump attempted during his first term were later overturned by federal courts, limiting Biden's potential actions to restrict illegal border flows. As a proposed rule, the DHS effort is likely to face regulatory hurdles before implementation.
Border Statistics and Recent Actions
In December, US authorities recorded over 300,000 border encounters, although the figure dropped to just over half in the following three months.
Last month, Biden instructed his national security team to collaborate with Mexican authorities to curb illegal border crossings. Since then, the administration has announced new measures to tighten immigration control on railways, buses, and airports, as well as an increase in repatriation flights from both the US and Mexico.
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